Nairobi — The Senate Adhoc Committee investigating the motion to ouster Siaya Deputy Governor William Oduol has disallowed a preliminary objection raised his counsel citing a flawed motion by Siaya County Assembly to propel his removal.
Oduol's counsel led by lawyer Paul Nyamodi argued that the motion before the Senate was sponsored by Siaya County Assembly and subsequently prosecuted by the assembly which is against the law.
Nyamodi told senators that the notion that East Asembo MCA Gordon Onguru sponsored the motion was erroneous pointing out the Hansard of the proceedings shows that Onguru didn't appear for prosecution.
"Before you there's no motion within the context of the constitution and county government act that this committee needs to spend anytime inconsideration. The motion before you is purportedly brought by MCA Onguru who didn't prosecute the motion," he stated.
"The motion was brought by the county assembly and prosecuted by the county assembly," said Nyamodi.
Oduol's counsel attempted to kill the proceedings even before it commenced saying that procedure is important in line with the Constitution.
Nyamodi pointed out that the motion arose from illegitimate circumstances.
"It's the deputy Governor's position that there is no motion that can be sent to this house to determine, the procedure is important and the procedure in Siaya county was unconstitutional, I invite the committee to pronounce itself on the notion, it must be dismissed summarily," Nyamodi stated.
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Siaya County Assembly Counsel Peter Wanyama scoffed at the objection saying it cannot be an issue.
"We urge that you disallow these preliminary objection as its not an issue for now," said Wanyama.
Elgeyo Marakwet Senator William Kisang however disallowed the objection saying the impeachment motion was presented before the Senate well within the law allowing the quasi-judicial proceeding to continue.
"The matter is procedurally before senate, we have to look at it and dispose it appropriately. So, stand guided as the counsel," Kisang said.
The County Assembly of Siaya on 8th June 2023 approved a motion to remove from office by impeachment of the Siaya County Deputy Government William Oduol.
The speaker of the County Assembly of Siaya conveyed to the Senate Speaker a resolution of the County Assembly removing from office by impeachment of the Deputy Governor in a letter dated June 9, 2023 and further forwarded to him documents in evidence of the proceedings of the Assembly necessitating the creation of the Special Committee to investigate the matter.
